NEIDERHISER v. HENRY'S DRIVE-IN, INC.

Nos. 7346, 7667.

96 Ariz. 305 (1964)

394 P.2d 420

Robert NEIDERHISER, Appellant, v. HENRY'S DRIVE-IN, INC., an Illinois corporation qualified in Arizona, Appellee.

Supreme Court of Arizona. In Division.

Rehearing Denied September 22, 1964.


Attorney(s) appearing for the Case

McKesson, Renaud & Cook, Fred J. Pain, Jr., Phoenix, for appellant.

Shortridge & Quisenberry, Phoenix, for appellee.


STRUCKMEYER, Justice.

Appellant, Robert Neiderhiser, appeals from a judgment entered on the pleadings in favor of appellee, Henry's Drive-In, Inc., defendant below.

Appellant sued in two counts. Count one demanded the return of money paid to the appellee under two contracts executed by the parties. Count two sought damages for appellee's alleged representation to appellant at the time of entering into the contract that appellee was qualified to transact business...

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